Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Connect one-on-one with {0} who will answer your question

This answer was rated:

★★★★★

My dad's friend has passed away and listed in his will

Hello, my dad's friend has...

Hello, my dad's friend has passed away and listed in his will my dad as both executor and a beneficiary. What are his responsibilities in locating next of kin in order to receive a probate certificate. His friend was from Germany, came to Canada in about 1955, has no wife or children here or in Germany. Thank you!

Show Less

Ask Your Own Canada Law Question

Answered in 2 hours by:

7/26/2015

Lawyer: Tom B., Barrister & Solicitor replied 7 years ago

Tom B., Barrister & Solicitor

Category: Canada Law

Satisfied Customers: 2,416

Experience: 25 years in practice

Verified

Where would the other beneficiaries be then? Tom

Customer reply replied 7 years ago

My dad and sister are the only beneficiaries listed in his will.
Becky

Customer reply replied 7 years ago

Dad's friend likely has family in Germany however we are being charged $10 000.00 and being asked to sign a POA for the hired genealogist to locate next of kin prior to filing for probate certificate. We are hoping to determine if this is typical or considered a reasonable search according to WESA.

Lawyer: Tom B., Barrister & Solicitor replied 7 years ago

No that is a bit much. Who suggested spending that?
Is there a missing beneficiary?
Tom

Customer reply replied 7 years ago

The lawyer we are currently using. The will clearly states my Dad as executor with my husband as back up. After all debts and taxes paid, my dad and sister as beneficiaries (both to receive half of the remaining assets). I know it is a bit of a steange circumstance, he was her Godfather and my dad was his main caregiver. He hadn't been in contact with his family for over a decade. He had no siblings and his mother/father have both passed away.

Lawyer: Tom B., Barrister & Solicitor replied 7 years ago

But is there a missing beneficiary or are all accounted for?

Customer reply replied 7 years ago

At this point we are feeling very uncomfortable with this process. What are our legal obligations to this lawyer. Also, we were advised that probate in vancouver currently takes up to six months but if we go through Chilliwack it can be as short as three weeks. We are confused to say the least.All beneficiaries are accounted for.

Customer reply replied 7 years ago

All beneficiaries are accounted for

Customer reply replied 7 years ago

in reading information on WESA, is next of kin considered any spouse or child? or does it extend to parents, grandparents, aunts, uncles or cousins?

Lawyer: Tom B., Barrister & Solicitor replied 7 years ago

Probate does take different times times in court registries but that is not the instant problem.
The issue is to what extent next of kin have to be found. If all beneficiaries are known, the Executor must take reasonable steps to find anyone else who may challenge and yes that could be other family members.
But, what you describe is completely unreasonable in my opinion. But, lawyers always argue about things. Your current lawyer may be taking an approach that is too cautious. Certainly, too expensive.
We give general advice here. You need a second opinion with a sit down meeting with a lawyer prepared to act for the Executor. Here is a link to the Lawyer Referral Service. They will give names of lawyers who practice Estate law and who have agreed to consult at $25. Many do not charge at all and he can consult with one or all....
http://cbabc.org/For-the-Public/Lawyer-Referral-Service
I am absolutely convinced that these expensive and extraordinary measures are not required. But the Executor MUST have another formal legal opinion.
Sincerely,
Tom

Customer reply replied 7 years ago

Thanks Tom, we appreciate your thoughts.

Lawyer: Tom B., Barrister & Solicitor replied 7 years ago

You are welcome.
Please consider rating my answer well for my time considering the matter.
Sincerely,
Tom

Tom B., Barrister & Solicitor

Category: Canada Law

Satisfied Customers: 2,416

Experience: 25 years in practice

Verified

Tom B. and 87 other Canada Law Specialists are ready to help you

Ask your own question now

Customer reply replied 7 years ago

Done Tom, thank you

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a lawyerLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Canada Law Questions

I have been named Executor. The Estate is complex which does

I have been named Executor. The Estate is complex which does not concern me. What concerns me is that if I probate the Will then die before the Estate is wrapped up that those duties which now transfe… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

Estate lawyer and I'm sure he/she isnt going to be able to

This question is for an estate lawyer and I'm sure he/she isnt going to be able to answer this question. I'm from Ontario, Canada and with the Canadian laws so flawed it's hard to get a real answer. I… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My parent passed away recently, and they had a form filled

My parent passed away recently, and they had a form filled out and signed to change the beneficiary, but had not submitted it. And I got a letter from the insurance saying the benefits, and that I get… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My dad passed away in 2017, and there has been no will filed

My dad passed away in 2017, and there has been no will filed in Ontario. He has a vehicle that is still in his name but since there is no will, what happens to it? … read more

JJL11

Lawyer

Bachelor of Laws

1,432 satisfied customers

We are all American citizens, a property was held in Canada

we are all American citizens, a property was held in Canada by 2 brothers as tenants in common. Both have passed away and we want to transfer the names to the survivers. one brother has a will, one do… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My mother passed away July 22nd sister-in-law is refusing to

My mother passed away July 22nd sister-in-law is refusing to answer notify me of any goings-on starting with proof that she is executrix she has not notified me of anyting she has organized my mother'… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My father passed away a month today and my mother is the

My father passed away a month today and my mother is the sole beneficiary which is ok with me, however, I believe my father's will controls my mother's will. I was not invited to the reading but my sister was allowed to to explain any questions my mom may have as my mom does not drive and cannot read properly. As a sibling do I have a right to see his will and hers because my sister is the executor of my moms will and is taking opportunity to see everything guised as simply helping my mom. My sister is doing everything possible to push me out, create animosity between my mom and as she and I are sole beneficiaries of my moms will. They both refused to give me a copy of the death certificate and read the will let alone provide a copy to me. … read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My dad died and we have a family friend signed his death

my dad died and we have a family friend signed his death certificate which made him the next of kin, how do I change that? my Dad did not leave a will but I need to be able to access his insurance and… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My Dad passed away ion 2007 tragically. I am s beneficiary

Hello, My Dad passed away ion 2007 tragically. I am his beneficiary on the will and on his Life Insurance and have a declaration of benefits document. Recently I was made aware that I should have been… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

I am in .C. , And am named as a benefactor in a registered

I am in B.C. , And am named as a benefactor in a registered Will . The deceased (at 97) had No children , wife Predeceased , his brother died in the 40's War. I looked after the deceased for 19 years … read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

I am a dual Citizen (Canada and USA) and my Dad passed away

I am a dual Citizen (Canada and USA) and my Dad passed away last December - I am the sole beneficiary in his will and my Dad named one of my cousins as executor because I lived out of the country, wit… read more

Law.Hut

Lawyer

Law degree (Juris Doctor)

6,458 satisfied customers

mt father passed away I have not seen a copy of the will I

mt father passed away I have not seen a copy of the will I cannot get in touch with the executor the lawyer who drew up the will has not heard from the executor either I am told it is up to the execut… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My son passed away 2 month ago. (Ontario)He was separated from

My son passed away 2 month ago. (Ontario)He was separated from his wife and living with a girlfriend for 9 month in the Condo he owned. The will states his children are the benefiaries and I am the ex… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My stepfather was a canadian citizen, lived in canada since

My stepfather was a canadian citizen, lived in canada since he was 19. Married in 1985 to a canadian woman. Together there are three children from his previous marriage, and 4 children from wife's pre… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

Question: How do I get the TD bank to release the RRIF to the

Question: How do I get the TD bank to release the RRIF to the legal executor. This will does not need to go to probate Portion of Letter to the Ombudsman for TD Canada Trust Background: This letter is… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

Recourse against executor not providing information received

Recourse against executor not providing information received from coroner, hospital, copy of will, investment portfolio and making decisions without the knowledge or approval from beneficiaries mentio… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My father just passed away in Ottawa Ont. My sister and I

My father just passed away in Ottawa Ont. My sister and I live in Alberta. We flew to Ottawa for the Funeral services. Our Fathers wife has told us in the past that the contents of our dad's will is n… read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

My father passed away June 23 2007. My brother is the executor

My father passed away June 23 2007. My brother is the executor of the estate and it has gone through probate and has also gone through his personal tax review through revenue canada. It is now in the … read more

Debra

Lawyer

Doctoral Degree

91,094 satisfied customers

Disclaimer: Information in questions answers, and Show Less

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

JustAnswer in the News:

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
MikeHalifax, NS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
TonyApopka, FL

< Previous | Next >

Meet the Experts:

LawyerProfessor

Lawyer

838 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Lawyer

91,094 satisfied customers

Lawyer

Daniel Freudman

Lawyer

2,943 satisfied customers

Lawyer

JCLawyer

Lawyer

2,434 satisfied customers

Expert

JJL11

Lawyer

1,432 satisfied customers

Licensed to Practice law in Ontario for over 25 years.

Jeremie John Martin

Lawyer

1,300 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Counsel Creed

Lawyer

859 satisfied customers

associate at GTA law firm

< Previous | Next >

Show MoreShow Less